Getting A Divorce: Process and Timings In The UK

Divorce Process and Timings In The UK

Divorce can be one of the most emotionally and legally complex events in a person's life. In the UK, the process has been streamlined in recent years, particularly with the introduction of the no-fault divorce law in April 2022. This guide will walk you through the key stages of divorce in England and Wales including timelines, key requirements, and what to expect at each step. note: the process differs slightly in Scotland and Northern Ireland and you may need to seek specific advice)

1. Grounds for Divorce: No-Fault System

First we should cover the basic grounds for divorce as this tends to cause confusion when speaking with friends or family who have been divorced in the past. As of 6th April, 2022, the UK operates under a no-fault divorce system. This means that you no longer have to provide evidence of wrongdoing (like adultery or unreasonable behaviour) to file for a divorce. Instead, either one or both parties can simply state that the marriage has irretrievably broken down.

2. Eligibility Criteria

You should always check your eligibility before filing any applications. The eligibility for divorce is quite simple, to get divorced in the UK, you must meet the following criteria:

• You have been married for at least one year and one day.

• Your marriage is legally recognised in the UK.

• The UK is your permanent home or the home of your spouse.

  
  

  For a more detailed look at the eligibility criteria see our article Eligibility for Divorce in the UK: What You Need to Know

  
  

3. The Divorce Process: Step-by-Step

Filing Your Divorce Application - Day 1

First, you need to decide whether to file an individual (sole) application or joint application with your spouse. The difference is the level of control and visibility you each have in the divorce.

Next we will draft your divorce application online through the government portal. Although you can apply by paper, it is highly recommended to apply online for faster processing times. When we submit your application, you will need to pay the court fee of £612 (as of May 2025; the fees increase every year). It is worth noting that if you are on low income, you can get a reduction with the court fees and save up to £612 on your divorce, for more details on how to get the reduction, please see our other article How To Get Help With Court Fees For Divorce Applications In The UK.

Application Review - 2 weeks

The court will review your divorce application and tell you if it has been accepted. This typically takes about 1-2 weeks. If there are no problems you will go straight into your 20-week reflection period below. If there is a problem, the court may request further information from you which can add a few more weeks to resolve.

Reflection Period - 20 weeks

Once your application has been accepted, the court will issue the divorce petition (the papers) to your spouse. At the same time, your application will enter into a mandatory 20-week reflection period before you can progress any further. This gives both parties time to reflect or consider reconciliation.

Your spouse will need to formally respond to the divorce petition by post or online. This is called giving their "acknowledgement of service" (AOS) and is normally where the majority of problems occur within the divorce application. If they give their AOS to the court then you have nothing further to worry about and your divorce will progress smoothly from here onwards. You will just need to wait out the 20-weeks before progressing.

If your spouse does not give their AOS, then you will need to start seeking other avenues to ensure that they received the divorce petition and provide evidence of this to the court before you can progress. The 20-week reflection period gives you plenty of time to take those additional steps if required.

Apply for the Conditional Order (Decree Nisi) - 6 weeks

After 20 weeks, you can apply for the Conditional Order. The Conditional Order used to be called "Decree Nisi" before April 2022. This is a very quick and simple step, it just involves logging into your divorce account and clicking a button. The court will review the application and, if satisfied, issue this document. It confirms that the court sees no reason the divorce cannot proceed. This sounds scarier than it is, in all my time filing divorces I don't think I have ever seen a conditional order application not be granted. It will almost certainly be granted without problems.

The Conditional Order can seem like a strange step in the divorce process. It feels unnecessary and confusing but it is better to think of it as a final commitment to going ahead with the divorce now that all the formalities of serving documents is out of the way.

The conditional order is actually split into two stages, first you get a document called a "certificate of entitlement to a conditional order" after about 2-4 weeks which states that the conditional order application has been approved. Then, they will actually issue the conditional order itself about 2 weeks later.

Reflection Period - 6 weeks

Yes, you need to sit through yet another reflection period. Thankfully, this one is only 6 weeks and a bit more legitimate in nature. This is the perfect time to submit any financial order applications.

Final Order (Decree Absolute) - 2 days

You can now apply for the Final Order which is the exact same process as applying for the conditional order. You need to log into your account and push a button. It takes 1-2 days to be granted and once granted, the marriage is legally ended.

Typical Timings - Summary

The minimum timeframe for a straightforward divorce under the no-fault system is about 7-8 months from start to finish. There is some misinformation going around the internet that it takes 6 months but this is simply untrue.

There may also be significant delays to the process if:

• Locating your spouse

• Your spouse doesn't respond.

• Financial matters such as drafting a consent order (collecting financial information).

• There are disputes around children or property.

4. Financial Arrangements - 6-8 weeks

Divorce only legally ends the marriage. Financial and child arrangements are separate legal processes and should be resolved through:

• A Financial Consent Order (recommended, even if assets are minimal).

• Child arrangements (if applicable), which can be agreed upon privately or through court if needed.

These can often run in parallel with the divorce process but may extend the timeline.

If you want to find out more about consent orders, please see our article Getting A Consent Order in Divorce: Process and Timings in the UK.

5. Final Thoughts

The UK’s no-fault divorce process aims to reduce conflict and simplify proceedings. For many, this means a more amicable and efficient route to closure. However, the emotional and practical implications still require careful consideration, particularly regarding finances and children.

If you’re considering divorce, take time to understand your rights, seek support where needed, and make sure you're prepared for both the legal and emotional journey ahead.

Sometimes, it is better to leave the legalities to someone else and have support all the way through the process, this is where we can help. If you are looking for help with your divorce application or just have a question, our friendly advisors are always happy to help at https://www.cleanbreakdivorce.co.uk/divorce-application

Written by Aaron O'Toole, MSc in Law and Business

Clean Break Divorce Limited